1. - Town of New Scotland

Town of New ScotlandRegular Town Board Meeting

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The following Town Officials were in attendance:

Supervisor: Douglas LaGrange Councilperson: Patricia Snyder Adam Greenberg William Hennessy Daniel Leinung Town Attorney: Michael Naughton Town Clerk: Diane Deschenes Highway Superintendent: Kenneth Guyer Engineer: Bruce Secor

1. Call to OrderSupervisor LaGrange called the meeting to order at 7:00 PM.

2 Pledge of Allegiance

3 Invitation to the General Public to Comment on Agenda Items: Please use the microphone available and state your name for the record

Presentation by County Executive Daniel McCoyCounty Executive Daniel McCoy thanked the Board and Supervisor for the opportunity to dothis. This is the seventh year that he’s done this. He goes out into the county and tries to talkabout the state of the County, our budget, and to let everyone know how we are doing. TheCounty works for the people. The only way we can effectively make government work is to hearback from the people we represent but also to let everyone know that they really do have a vitalmission in the county that puts out so much into the community. They have over 26departments. Their budget is roughly $670 million. If you take every budget for every town, city,and village in this county it doesn’t match the county’s. We have a huge impact on earlyintervention to seniors. It’s been tough. When he took over, we were borrowing $15 million ayear to make payroll. Our reserves were roughly $20 million. Our nursing home was losingabout $20 million a year. We had 18 unions in the county, and 15 hadn’t had a contract since2008. When he took over in 2012, nonunion workers hadn’t had a raise since 2008. We formedpartnerships and worked with towns, cities, and villages throughout the county. Working withthe legislature, we have taken our $15 million dollars without raising taxes in the last five years.We stopped borrowing $15 million dollars and paid that debt off internally by doing thingsdifferently and watching every penny that we spent. We have the biggest reserves in history.We have over $60 million dollars in our reserves. We’ve never had that much money before,and we stopped losing $20 million dollars at the nursing home. Right now the nursing homecosts about $3.7 million and we are doing this mixed use out there. Hopefully the nursing homewill break even in the next two or three years with the mixed use. We’re investing roughly $80million dollars in our nursing home. It’s going to be a state of the art facility to take care ofseniors. We have to take care of other people in this community. We’re the safety net.

We just put a $20 million dollar addition on the atrium of the Times Union Center. The arenawas paid off. He likes to tell people that yes we borrowed the bonds but the bed tax pays for thebond, i.e., money from people who come here to visit in Albany County pays for the bond. Soit’s not taxpayers’ money being utilized for upkeep of the Time Union building which I think isvery important. We have many neat things going on. He asked if anyone has been out toLawson Lake in the past couple of weeks. We’re going to have a big ribbon cutting at the end ofthis month. They just put in a 140-seat amphitheater. We’re going to have a concert there. Wejust put in a full basketball court and we have a variety of programs for everybody during thesummer down there. Please come down. It’s handicapped accessible. If someone is in awheelchair they can get out to the lake and do some fishing. We’ve done a lot of Eagle projectsthere. There are a lot of neat things going on at Lawson’s Lake. Take a ride down there. You’llbe very impressed. Again, it’s working in partnership with communities. We’re doing an equityagenda, looking at the way we do business and the way we deliver services. We’ve been doingthis with UAlbany. The partnership is looking at how we can stop people from being at povertylevel and giving people a better quality of life. One thing he likes to mention is the free collegetuition in the State of New York now. Guess what happened? Since 1975 we have paid $10million dollars a year in Albany County to pay for people in our community to go to a communitycollege. Last year alone we spent a quarter of a million dollars for the Town of New Scotland tosend people to community college. We’re still paying. That wasn’t taken out of the free collegetuition. He wishes they did take care of that because that would really change our finances.Almost 85% of our budget is for unfunded mandates made either by the Governor, Senate, or


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Assembly. Raising the age was a great program. I think it’s going to be instituted but we had toput more money into foster care. Last year alone the Senate and Assembly took $400,000 outof foster care for families on foster care. We are in an epidemic with this opioid crisis going on.We’ve taken the lead with Motely and Rice who sued the tobacco industries for $10 billiondollars. We hired them. They are representing us. I was in Dayton, Ohio, in February with theJudge regarding our law suit. We are hoping to be speed tracked pretty quickly. We are tryingto change the culture. When you go to your doctor, be your own advocate. Also please gohome to your medicine cabinets and clean them out. The problem is the pills on the street areworth a lot of money. I joke because I have three kids, and I can tell if there is beer missing or ifthe liquor is not where it was the last time I used it. You notice that stuff, but if you open up yourmedicine cabinet do you recall if there were 10 pills in there or 15? That’s a problem. We havean opioid task force. Cornell recognized us for an innovative project called Project Orange.There are four pharmacists, two in Delmar, where you can drop off your prescription drugs andthey’re mailed into the VA. It doesn’t cost anything. You can get them out of your house anyday of the week. He recommends that we do that. Eighty percent of heroin users came fromopioids. Of everyone who’s gone to the doctor for pain medicine, one out of five will becomeaddicted. We are going after the pharmaceuticals because they made $14 billion dollars in 2013alone. There is no difference between a pharmaceutical rep and these companies and a drugdealer on the corner. There are statistics of what has gone on and the devastating effect it’shad in our communities across this county. It’s something we’ve been out in front on. There areso many more things that we’re doing and trying to do. We would like to thank SupervisorLaGrange and the Board members here for participating in shared services. We can save a lotof money. Right now we have hired Rockefeller College. They are helping us put a whole plantogether. We have one of the best plans that has been presented to the state. If the townneeds to buy a dump truck this year and they don’t buy it, the state is going to give them half themoney this year. and that can go towards the purchase for next year. There is a huge savingsthere. We categorized all of our equipment at Albany County so people can use it. He thinksthey have something like 351 pieces of equipment on the website so they can see if they needit. We’re working with the school districts. There are a variety of things going on. He didn’twant to hold everyone up, but he does appreciate the opportunity to speak. He wanted to saythank you. The Rail Trial will be finished by the end of the month. The bridge over NewScotland is going to be completed more into next year. We were going to replace that wholebridge there. Councilperson Hennessy asked if that’s the bridge over New Scotland Road.County Executive McCoy said yes, it has to be redone. It’s coming down. We are working withNYS DOT. Councilperson Hennessy asked if it will be the same elevation or will they raise it.County Executive McCoy said that they will raise it. We are going to work on that but we didpurchase the home that’s right there and the old train station depot. We own that now so we’regoing to be making announcements of what we’re going to be doing with that and launch abunch of new programs along the Rail Trail that we’ll be putting out over the next couple ofmonths. It’s going in the right direction. Hopefully they’ll start working with us and try to find agood use for the barn. We put rental bikes at the end of the Rail Trail and we’re trying to figure itout. We are working with CDPHP to put them along the Rail Trail, and Supervisor LaGrangeoffered to have them here in the Town of New Scotland. I didn’t really think people would rentbikes but there are a lot of people on their way to work or on their way home who would take aquick bike ride. It’s been kind of neat and it’s working. There is so much more but he was goingto stop because he did appreciate the opportunity to speak.

Councilperson Snyder asked about the Rail Trail. County Executive McCoy said that it will bedone by the end of summer. We got delayed. Sprint goes through there, and they dragged usto court but hopefully we’re there now.

Councilperson Greenberg said that we have a problem in New Scotland with high-speedInternet. He heard that the County was looking to put a tower up. County Executive McCoysaid that they did. They have a tower up at Berne-Knox-Westerlo now, and hopefully they arelaunching it soon. We had to work that whole agreement out. Legislator Plotsky said that thereare more coming, too. County Executive McCoy said that they are negotiating the lease to geton some of the properties. They’re trying to get through the sticking points. CouncilpersonGreenberg asked if there may be more access coming. County Executive McCoy said that thatwas correct. This will cover everywhere - Rensselaerville, Berne, and Knox. SupervisorLaGrange asked if it will cover New Scotland. County Executive McCoy said that he would haveto check. They’re working with a company that’s going to do it for a reasonable price. Obviouslythere are not a lot of people up in the hilltowns. We put an Outreach out in Berne. We’re outthere with Senior Services and our Veteran Services and everything we provide. It’s really beena successful program out there. If there is a need here in the town, we would do the same.Supervisor LaGrange said that he has been talking with some folks in Westerlo, and he’s heardthere’s a disconnect between Berne, Westerlo, and Rensselaerville. A lot of the folks over there


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tend to not want to come over to Berne to take advantage of those services. County ExecutiveMcCoy replied that the previous supervisor, Kevin Crosier, turned him in. His wife’s family has acamp on Thompson’s Lake so he’s there all summer. One day somebody said, “You’re up herea lot,” and someone threw me in. They have this great fireworks display in Berne but one daythey stopped it. I asked Mr. Crosier what happened, and he said that Rensselaerville andWesterlo decided they weren’t going to pay for it anymore. County Executive McCoy and SheriffApple got together and asked how much it was. Instead of us giving money for other donationswe thought we could bring the fireworks back. It was $3,000 which was a small amount so webrought it back. Now, Knox is doing their fireworks and Westerlo is doing theirs. I tried to figureit out but it’s a hilltown thing. It’s a shame because it’s a small community. At one time theywere all one community back in the 1800s. Supervisor LaGrange asked if the Sheriff’s office inClarksville was not a viable option for the hilltowns to come to. Executive McCoy said that weinitially had offices there, but they are so spread out that we kind of got pushed out a little bit.The Sheriff would accommodate us but it’s tough. He would have to take staff that’s indowntown Albany and move them out and coordinate. It’s been working but they just don’t wantto come over. They want to stay in their community, and we’re going to try and accommodatethem.

Supervisor LaGrange noted that Legislator Plotsky was in the audience and then asked if therewere any more questions for the County Executive.

Daniel Pavone asked about the Town recreation program. It’s a great program but he’s hearingthat the karate program is in jeopardy and it will be discontinued in the fall. What’s going on withthis? County Executive McCoy said that he didn’t know who told Mr. Pavone that. CountyExecutive McCoy and Sheriff Apple started this outreach to the community. Going out into thehilltowns, there wasn’t any recreation for kids. Everyone loves this 2% property tax cap, right?No one wants taxes raised, and you have to have an opportunity for kids to give them a greatfoundation for the future. You also have to redirect that positive energy in the summertime whenthere is nothing going on and put it in the right direction or kids are going to get in trouble. So,we came up with this model. County Executive McCoy actually was talking with the AmateurAthletics Union, and Joe Mirza got on board; he’s the treasurer. He said this is what we want todo. We just don’t want to have a recreation department; we want it to be educational. We helpkids with reading and math. We build computers. We take surplus computers and they rebuildthem. So with the sports programs we didn’t want to just teach karate, field hockey, or fishing;we wanted to inter-mix. We have a lot of services. We can capture these kids. I don’t knowwhy you heard that but AAU has recognized Albany County’s model as a national model.Sheriff Apple and he have gone to Orlando, Florida, to their headquarters, and they’ve gone toDC. They are modeling our program in this county across the nation. Again, he doesn’t knowwhy Mr. Pavone heard that. We are trying to introduce everything and give every kid anopportunity. Mr. Pavone said that the people that run the program are fantastic; his sons take it.

Supervisor LaGrange said there has been a lot of progress in a lot of areas, and he appreciatesthe coordination that County Executive McCoy and his staff have done. He sees themeverywhere from a new Farmland Protection Board to the shared services. Executive McCoysaid that they do have their parks and recreation out of Voorheesville’s Cornell CooperativeExtension. They may be moving it. They are trying to find a place that will get more communitykids. They want to stay obviously in the hilltowns, but they’re looking for some ideas.

Legislator Plotsky asked for a moment to speak. She’s been in the Legislature since January.She’s enjoying it and learning a lot. There are some issues they’re trying to work on to help theenvironment. Styrofoam is one of the items. One of the more interesting bills pending is paidsick leave. She wanted to make an announcement that there will be an informational sessionhere at 6:30 PM on Tuesday.

5 Presentation by Bradley Grant of Barton & Loguidice re: Stormwater Analysis of the VlyCreekSupervisor LaGrange advised that we have Bradley Grant, Senior Project Manager from Bartonand Loguidice, here. We are doing a study with the Village on the Vly Creek and what thepotential is for remediation if necessary. We did receive a Stormwater Analysis, but Mr. Grantthought he could give us a quick overview of it. Mr. Grant referred to a map and pointed out thewatershed area of the Vly Creek to its confluence, the Normans Kill. The watershed is about 16square miles. The main channel of the Vly Creek is in the Picard Road area by FiddleheadLane. There are very low sloping lands and a lot of wetlands in there. The concentrateddevelopment is in the Village and to a lesser extent the town of Guilderland and to the north.This involved the Village of Voorheesville, the Town of Guilderland, and the Town of NewScotland. Mr. Grant said that he lives in Altamont so he’s familiar with a lot of the back roads.


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When he started he had a couple of areas in mind for possible stormwater management in theform of flood control. One thing about the shape is that there are various tributaries coming intothe main channel. The main channel is the solid blue line and the tributaries are dashes on themap, but they all have a similar length which essentially means they all come together at thesame amount of time. That is where you really generate some high heat flows. There is erosionin the watershed and that is natural. Where it gets a little bit imbalanced is when there are higherosive conditions from high runoff events. That has moved an extraordinary amount ofsediment or more than usual. In some areas it can clog culverts and get into a stream channeland have an effect on both its ability to convey flow and the depth at which it flows. There isanother map in the handout for the Village of Voorheesville, but the primary area there isbasically from the elementary school down to Maple Avenue. After that the main channelcrosses Route 155. In Guilderland there is a side trunk that comes in, and they’re in prettydecent shape. There have been some volunteer efforts by the towns and the Village. The BoyScouts have gone in and been able to haul out some of the woody debris that’s accumulatedover time. These items are coming out of the woods and along the streams, and that part isnatural. The woody debris and the conveyance of sediments are really accelerated in highenergy storm events, like Irene. We talk about these 100-year storms, but they seem to comeevery other year now. We still seem to get our 38-48 inches of rain here, but it’s how we get it.Today’s rainfall is what the farmer and gardeners would like: slow and easier type of runoff.Unfortunately we get too much of our runoff in huge events. Mr. Grant then showed a picturetaken on Tygert Road in May 2017 right after a fairly good storm event. Mr. Grant drove downthere, and it had overflowed the road. The highway crew had some cones out. The culvert hada lot of debris and blockage at its inlet. This was when there was only one culvert there. Thebeavers had stuffed some of the vegetation and debris in there to make it surge and go over theroad.

Mr. Grant then referred to the watershed map and, as he said before, it’s about 16 square milesto its confluence with the Normans Kill. What did we identify that needs to happen? In theVillage it’s basically some stream bank stabilization, re-movement of settlement bars, and a bitmore woody debris. The Boy Scouts got some of it, but the rest will require chainsaw work toget some of the accumulated wood out of there. Natural streams can utilize the woody debrisfor habitat and pools but if left alone too long, there becomes too much of it and it ends updirecting the weight of the energy stream to the banks. It’s essentially like a pin ball game,bouncing off the sides. A few property owners in the Village have lost feet of their backyardsand are quite concerned about it.

We did take a look at the Tygert Road piece because there is such a vast storage area above italready. It would not be altogether difficult to raise the road and adjust some of the culvertcontrols. We are at a point now where we need to meet with DEC and see what they will allow.There are some things down in the Village that we’d like to try, but they’re often sensitive tohabitat impacts at the bottom of the streambed. On Tygert Road several years ago the Townwanted to have a pull-off area where people could park. There is a lot of wildlife up there. Theydid not embrace that at all. They thought there was going to be a loss of wetlands. That was animpact they weren’t too interested in. I like to talk to them about this possibility. It wassomething he identified early that could be a great benefit to flood control. In the Town itselfthere are various areas of major culverts, riprap stabilization at some culvert outlets, and inletimprovements within the Town. Not a lot of money would be needed for that. Again that’s partof stabilizing high energy areas and minimizing erosions that impact road infrastructure andinfrastructure downstream that would have to accept those eroded sediments.

We also talked about codes both in the Village and the Town to encourage green stormwaterinfrastructure in development areas and lastly to implement flood plain management revisions toapplicable codes. They are really sensitive to filling in not only the flood way but the flood plain.Certain minor types of improvements such as driveways can be managed if it doesn’t reduce atremendous amount of fill. If you have enough minor changes of them, all of a sudden yourpeak flooding levels rise six inches. It doesn’t sound like a lot until it’s coming in your back door.That’s something in the planning and reviewing of projects to consider.

Mr. Grant said that he’s had very good luck in other areas of the Capital District both in Colonieand Rensselaer trying to identify the storage that already exists. Relyea Road and Tygert Roadalready have good storage mechanisms. We evaluated that and plugged it into our model tosee what impact it would have in the target areas in the main channel of the Town and theVillage. Does it make an appreciable difference, and at the end of the day is the bang worth thebuck? There were a number of limitations he found in the watershed that really limitedopportunity areas, high ground water tables. You may be able to dig out four feet and giveyourself a pond but it’s essentially going to fill in and not have that free storage we’d be


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interested in. Narrow ravines and steep slopes, there really wasn’t a lot of storage left. We arelooking for acre feet not cubic feet to really make this worthwhile, close proximity to buildingstructures or private property, developed property that is probably not the best idea to be playingaround with, and stormwater management that might adversely impact lands. In some areasthe drainage area tributaries are so small that it was worth it. He generally was looking at 24-inch culverts and above for those opportunity areas. We talked about private lands and bridges.On Helderberg Parkway, there are a couple of private bridges and weir systems that have beenthere for a while. There really wasn’t a lot of opportunity to do anything because of the limitedstorage capacity. There is potential for clogging at inlets. We model clean culverts and inlets,but the reality is that these storms can bring a heavy debris load and surge up in a short-termeffect until they’re cleaned out so it’s always in the back of our minds to look at these things.

Mr. Grant then reviewed the photo log in the back of the handout. The bridge at the school,Helderberg Parkway, the one on Stonington Hill Road, and Maple Road were reconstructedabout 12 years ago. The County had a lot to do with that. They made them quite a bit largerand able to pass more water. It’s had two effects. First, it’s helped reduce the flooding aroundVoorheesville Elementary School and it’s playground in the back along with the parking garageand the two pedestrian bridges. That has had a positive effect. Unfortunately, it has had quitean impact on some of the backyards. There is a steeper bank on the south side and there ismore flat terrain on the north side. We put a pressure sewer in a few years ago, but some of theproperties are still on septic systems. When this floods they are more or less without septicsuntil that recedes and flow abates to normal conditions. We have a number of sediment bars toremove. There are some invasive species, Japanese knotweed. There is still a bit of woodydebris to be removed. He’d like to talk to DEC about some stream guards and essentiallyconcentrate and redirect the flow towards the center of the channel so it doesn’t further bite intopeoples’ lands. We don’t want a straight stream necessarily. There is another sediment bardown at the Maple Avenue bridge. That would need removal. Particularly these three bridgeshave improved the situation at the underpass. We often do see drainage at the railroadunderpass. There is a low point in reference to its discharge point. They did improve the catchbasins and piping there. That road used to close once in a while with a good sized storm. It’smuch better than it was.

Mr. Grant then referred to the HydroCAD model. They did an existing conditions model and thena proposed conditions model. Again, we looked at some possible orifice control on the existingTygert Road culvert system with the ability to raise the road and store more water up there. Hewas disappointed because it didn’t have as much of an effect as he had hoped more or lessbecause the other sub catchments up in the Helderbergs and Thacher Park dominate the hydrograss of the Vly Creek. This is the drainage that is going to Tygert Road. It’s modest comparedto what’s around it. It’s the same up at Relyea Road in the Town of Guilderland. That didn’treally bear a lot of fruit. It was affecting a channel that doesn’t even go through the Village. Itcrossed Route 155 and joined the main channel on the other side where Normanskill Road is.Those are some of the sites that we investigated even out towards the Bethlehem reservoir,Rock Hill Road. It was the same story in most areas. There is not a lot of area to store waterwhere it doesn’t already flood now without major changes and trying to dam up more water.

Flood control and water quality sound like two different entities in the realm of stream flow.When you see flooding, particularly in some areas of development, flood waters can get inbasements and there are chemicals stored in basements. It starts to be beyond the normal flowguts of the channel and starting to get into where humankind live and has potential components.

Mr. Grant then reviewed numerous pictures in the Vly Creek Photo Log section of the handoutand then repairs done at six different culvert sites. There are some improvements on a coupleof locations at about $130,000 in cost. It makes sense to stabilize these areas, protect the roadinfrastructure, and eliminate eroding sediments that wash downstream causing potential issueselsewhere. Mr. Grant referred to the Tygert Road picture and said that he didn’t think the Statewas going to let us raise the road 18 inches. If they had an issue with just putting a parking pull-off, he doubts that they are going to do this. If we could keep a lot of volume up there, it has apotential benefit but is it worth $200,000 and all the regulatory issues? Tygert repairs would be$195,000, Voorheesville was $185,000. The bottom two are definite, but he doesn’t see thisnecessarily happening. We still want to talk to DEC. We’ve submitted reports to them, and weare waiting for some review comments. We also submitted them to the Towns and the Village.We did get some comments from the Village, essentially the chronology section that was put inthe report.

Mr. Grant asked for questions.


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Councilperson Leinung said that one of the things we are going to be talking about later in themeeting is joining the Climate Smart Communities DEC program. Part of the program has amatching grant. The theme this year is climate change mitigation, flood mitigation, and erosioncontrol. They actually give examples of stabilization of stream beds and upgrading culverts. Itsounds like Mr. Grant has done a fair amount of groundwork for us if we do end up applying forsomething like this. We as a Board need to decide if that’s something we’d like to apply for.Obviously we’d want to talk to Voorheesville as well since they have some costs in this too.That’s something we will probably be reaching out to Mr. Grant about if we put in an application.Mr. Grant said that DEC has various themes that come and go with grant programs. Theyspread the wealth around. Stream bank stabilization is a hot one. This isn’t a daylighting eventof a stream. There are very few culverts. It’s mostly open. Stabilization does have a payback,but if ignored long enough then the infrastructure adjacent to it unravels and the cost can gohigher. Councilperson Leinung said that we will probably be reaching out. He thought theapplication was due the end of July. Mr. Grant asked if this is part of the CFA process.Councilperson Leinung said that it was.

Councilperson Hennessy asked if Mr. Grant had any maps depicting the existing CFS from eachreach in the hydrograph. He said that it’s in the HydroCAD documentation but there is no map.He then asked if Mr. Grant had a map that actually shows the CFS from each area? Mr. Grantsaid that he didn’t. Typically the model compliments the sub catchment mapping.Councilperson Hennessy noted that it says in the HydroCAD that area 1S, which extents up theescarpment essentially paralleling Route 85A right on down towards the Village, has zero CFS.He didn’t understand why it showed that in the HydroCAD. He was just looking at it in theappendix. Councilpersons Snyder asked what CFS is. Councilperson Hennessy replied that it’scubic feet per second of water. Mr. Grant asked what the storm event is. CouncilpersonHennessy said that it didn’t say. Then he added that it’s only a five-year storm. For somereason it says zero CFS. Mr. Grant said he’d take a look at that. Councilperson Hennessy saidthat it looks like it might combine with 3S, but he requested that Mr. Grant check that out.

Councilperson Hennessy then asked about Vly Creek Reservoir. Was there any considerationfor a potential inundation study that Bethlehem might have? Is there contribution for that? Mr.Grant said that right in front of the Rock Hill Road area it’s essentially local drainage at thatpoint. The overflow there off dam is off to the south. It’s a long reservoir and it accepts a lot ofdrainage from outside the Vly Creek. Essentially that’s the closed end of the dam.Councilperson Hennessy asked if Mr. Secor knew if we had that study. Mr. Secor saidBethlehem has a study of the watershed of the reservoir but not things that are outside of thatwatershed. Councilperson Hennessy said that he thought they had an inundation study. Mr.Secor said that they do, but that’s a different watershed then what Councilperson Hennessy islooking at. That study went in the other direction. He didn’t know if we had one going to thenorth; he’d have to look. We built an emergency flow on the south end and all the studies weredone down from there. Councilperson Hennessy said that we saw something a couple of yearsago. Engineer Dempf had something or Bethlehem did. There was something out there acouple of years ago.

3 Invitation to the General Public to Comment on Agenda Items: Please use the microphone available and state your name for the record.Michael O’Malley of 19 Game Farm Road is coming here for advice and a legal interpretation ofNYS Law. This is in regard to exterior properties. There is a NYS law out there for the length ofgrass. It basically says that all exterior properties should maintain plant growth of no more than10 inches. He’s been going through this process for three years. He’s been getting therunaround as far as what the law means. He’s been told its 10 feet around the house. He’sbeen told that it has nothing to do with 10 inches. He needs someone to tell him if we arefollowing the NYS law or not. There are other things going on too. He just doesn’t understand ifit’s written. Councilperson Hennessy asked if Mr. O’Malley knew what state law that was. Mr.O’Malley said that it’s the NYS Building Code. Councilperson Hennessy stated that it’s probablythe property maintenance section of the Building Code. Mr. O’Malley said that that’s correct.It’s Chapter 8, page 151. Councilperson Hennessy asked if Mr. O’Malley had spoken to ourBuilding Department. Mr. O’Malley said that he had. Councilperson Hennessy asked what theysaid. Mr. O’Malley said that obviously we don’t follow NYS Law and he has to go to the Boardfor us to adopt a NYS Law. Why don’t we enforce a NYS Law? Enforcing the Building Code iswhat the job of the Code Enforcer is. They’ve been over to the property many times. There is nosuch law about 10 feet around the house. The neighbor says that they don’t need to do itbecause the Building Inspector basically says they don’t enforce it. It’s going on three years.There is Lyme disease all over the place. There are animals all over the place. They havegoats and chickens. That’s another issue. They are supposed to have three acres and I havethese animals running all over the place. I have a Building Inspector not doing anything. I need


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someone to tell me what the law is. He’s reading it and doesn’t know what’s going on here.He’s made multiple phone calls. If he’s wrong someone needs to tell him that he’s wrong andhe’ll back off. If you need help, he has pictures.

Supervisor LaGrange said that we talked about this last fall and Attorney Naughton did a littleresearch. Do we need to go back and look at that again? Attorney Naughton replied that wedo. Supervisor LaGrange asked if we could get Mr. O’Malley’s contact information. Mr.O’Malley’s email address is [email protected]. Mr. O’Malley asked that AttorneyNaughton look into the goats and animals too. Someone asked where the property is. Mr.O’Malley said that it’s right by Five Rivers on Game Farm Road. Councilperson Snyder saidthat it sounds like you’d like some definition of what the law is and how long you have to pursuethis to get a response. Mr. O’Malley said that HE honestly HAS two issues. His one issue is thegrass. His other issue is that he has a Town Official he’s been dealing with for three years thathas laws. If it’s a NYS Law why isn’t it being enforced? If it isn’t being enforced for grass, is itbeing enforced for buildings? Who is watching that? That’s his bigger issue. He can get a lawnmower and cut a lawn. It’s when you know there’s been a violation for three years and no onedeals with the violation. Attorney Naughton replied that there are NYS laws that are not withinour jurisdiction to enforce but he would send Mr. O’Malley an email.

Councilperson Snyder asked if Mr. O’Malley has looked at other communities. Mr. O’Malleysaid that he’s looked at them all. Everyone follows it. They go there and they mow the lawn andthey charge people an hourly rate. They’ve been doing it for many years. It generates incomefor the community. He doesn’t know anybody that’s not doing it; put it that way. It might betougher to find someone not doing it.

Supervisor LaGrange said that we would look into it.

Mr. Anson handed out a packet which he read on behalf of Life for the Nations Church.Councilperson Hennessy asked if the address is 477 Krumkill. Mr. Anson said that that’s thehouse that they own. Technically it’s called 9 Mariana Lane, but since that hasn’t beenstraightened out we use 477 Krumkill. Mr. Anson said that what brings him here is public water.Their church has pursued this since 1999 in one way or another. A portion of their property isdivided by the boundary line of New Scotland and Bethlehem and it has been asserted as amajor complication. They’ve always been told by New Scotland that it is New Scotland’sresponsibility and they would be the ones forming a new water district. Please note that it hasalways been at the cost of the church for the water line. We are not asking anyone to fund this.We’re not asking anyone to pay for this. We’re simply asking for water. We’ve always been toldby New Scotland that the responsibility is there. Last summer we were told that we would haveto deal with Bethlehem because New Scotland wasn’t going to do this. Thus we set up ameeting with Supervisor Van Luven of Bethlehem and their Water Commissioner GeorgeKansas, on March 7. Three of us attending that meeting were told early in the meeting by Mr.Kansas that New Scotland’s lawyer had contacted him a few weeks earlier and requestedhandling the matter of the new water district on Krumkill Road. Shockingly we could notunderstand the confusion and still don’t. In fact we told Mr. Kansas plainly.

Three matters bring confusion and concern to the leadership of the Church. First, that publicwater was given to the two other homeowners, Ragone and Mossman (see 2016 MPR done byABD Engineers page 2 part III water demand). Our house at 477 Krumkill Road was excluded.This house or parsonage has always had one of our pastors living in it. We were not told ofsuch. The water was brought down to those other two homes. He realizes that it was“spaghetti” lines, but we were not told of such or anything else, simply excluded from thebenefits of public water. Whoever was aware to be responsible for such, it would seem unfairand in fact downright cruel. Second, after seeing a production time in 2016, with the help ofWater Commissioner Wayne LaChappelle concerning the paper work and appropriate formsbeing prepare and collected, we thought the matter was going to get resolved. Yet we wereonce again brought to a standstill in late 2017. Third, we wrote you, the New Scotland TownBoard, Water Commissioner, and Supervisor, a certified letter on September 18, 2017, and todate we have never received a response from anyone. That letter is enclosed.

We now find ourselves feeling the need to pursue the matter and speak up, to find the amenableanswers to getting public water. By deed and surveyor maps (all of which have been given toboth Bethlehem and New Scotland leadership), the mentioned properties including a portion ofLife For the Nation Church are located in Bethlehem. We were informed by Supervisor VanLuven of Bethlehem that New Scotland could proceed without complication from Bethlehem toget the project done, citing legal specification and laws that would allow such. We also knowthat Supervisor LaGrange received such information too. We’ve been told by Supervisor

mailto:[email protected]


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LaGrange that the mentioned properties could be turned back to Bethlehem for taxation andbasically we would be out of your responsibility to get water. We are asking you if there are notsincere intentions of allowing the church to soon obtain public water by New Scotland, then turnthe properties back over to Bethlehem so we can get public water. That would be easier for usand cheaper. We won’t have to pay for a master meter. When you are ready to form a waterdistrict you will be more than welcome on our property to do so anyway.

Church leadership needs to understand what they need to do and what future plans need to bemade concerning obtaining water, because we do intend to obtain it. We desire to make you,the Board, aware of the situation and request that some form of answer be given in appropriatetime/date. We’ve been told for the past two years that the matter was being reviewed by yourlawyer which just seems too long and possibly too costly. He’s not putting all his cards on thetable. Please remember we have always been the ones paying for this waterline, and cannotcomprehend legitimate reasons for such delays. So please, we are asking you as a Board tostep up and solve this problem one way or another so our Church can have public water. All wewant is water.

Mr. Anson asked for questions. Councilperson Hennessy asked Mr. Anson to point out for him477 Krumkill Road. Mr. Anson pointed it out. Councilperson Hennessy said that it all comes upas one lot with the Church and everything at 499 Krumkill. Mr. Anson said one is 499 and theother is 477 Krumkill. For whatever reason, when the church was located where it was theywanted it to be 9 Mariana Lane. We found that not effective to use because anytime someoneGoogled 9 Mariana Lane it went someplace in northern Latham. That didn’t work out for us.Councilperson Hennessy said there is a very narrow parcel there. He’s assuming that’s 477.Mr. Anson said according to the maps the house would be in Bethlehem. He understands thatthere is a dispute but he can assure the Board that the middle of the Hudson River has notmoved.

Supervisor LaGrange said that he appreciated Mr. Anson presenting this. He’s spent literallythe last day and a half working on this and discussing it with Engineer Secor, Engineer Dempfwith Stantec, Attorney Naughton, and the Town Clerk has helped researching from 1975 totoday for information that the Board can go over later. We will include your handout in that. Hethinks that we are close to at least understanding who has a legitimate claim to the properties forthe two towns. There is a lot of stuff to go into. Mr. Anson said that he understands that itcould be done either way easily by giving up the two parcels of property you collect taxes on.Supervisor LaGrange said that that’s a minimal amount. Mr. Anson said that that’s great toknow. Supervisor LaGrange said potentially that could be one scenario. The Board will lookinto the different things and then decide. There are maps and everything to look at. Mr. Ansonasked if it would be possible to get an explanation of what the Board’s plans are. SupervisorLaGrange said that he would see how the conversation goes. He added that he put together athree- or four-page bullet point synopsis so the Board has a better understanding. He’s beenhere the longest of the Board members and he didn’t know a lot of the stuff that’s been involved.We had to narrow this all down and now we can start to look at this. Mr. Anson asked if there isa timeframe the Board can give him. Councilperson Greenberg said that he’s glad Mr. Ansoncame in because this is all news to him. He didn’t know that Mr. Anson sent a letter in 2017.This is the first time he’s seen it so he needs a little time to absorb the information. Mr. Ansonsaid that that was not a problem. The letter was addressed to whoever the names were.Councilperson Greenberg added that he realizes that they’ve been going through this for years,but it’s new to him. Mr. Anson thanked the board for their time. Supervisor LaGrange addedthat that’s why he took the time to put information together so the Board would betterunderstand it. Mr. Anson said that they will wait to hear from the Board. Supervisor LaGrangereplied that they would be in contact.


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4 Approval of the Minutes of the Following:

May 9, 2018A Public Hearing Prop. Local Law F of 2017

May 9, 2018 Regular Town Board Meeting

May 30, 2018 Special Town Board Meeting

June 6, 2018 Special Town Board Meeting

Resolution 2018-122Supervisor LaGrange offered the following and moved its adoption:

Resolved, that the Town Board of the Town of New Scotland does hereby approve the minutesof the May 9, 2018, Public Hearing as presented by the Clerk.

Councilperson Leinung seconded the motion. All present and voting, the motion carried (4 Ayes– 1 abstained). Councilperson Hennessy abstained since he was absent.


Resolved, that the Town Board of the Town of New Scotland does hereby approve the minutesof the May 9, 2018, Regular Town Board meeting as presented by the Clerk.

Councilperson Hennessy seconded the motion. All present and voting, the motion carried (5Ayes)


Resolved, that the Town Board of the Town of New Scotland does hereby approve the minutesof the May 30, 2018, Special Town Board meeting as presented by the Clerk.

Councilperson Greenberg seconded the motion. All present and voting, the motion carried (4Ayes-1 Abstain). Councilperson Leinung abstained.


Resolved, that the Town Board of the Town of New Scotland does hereby approve the minutesof the June 6, 2018, Special Town Board meeting as presented by the Clerk.

Councilperson Hennessy seconded the motion. All present and voting, the motion carried (4Ayes-1 Abstain). Councilperson Leinung abstained since he was absent from that meeting.

6 Discussion/Action re: Proposed Local Law A of 2018Resolution 2018-126Supervisor LaGrange offered the following and moved its adoption:

Resolved, that the Town Board of the Town of New Scotland does hereby approve ProposedLocal Law A of 2018 extending the effective period of the partial exemption from taxation onqualifying real property owned by Cold War Era Veterans.

Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5Ayes )

7 Resolution to Amend Capital Project HSR (Swift Road Water District)Supervisor LaGrange said if you will recall we did a capital project for $20,000 last year. Thiswas to get started with the replacement of the pumps. This was an emergency at the time.We’ve since looked into the variable frequency drive units to preserve those pumps and tohopefully lessen the hammering effect on the aging infrastructure there. Obviously this isn’tapproving anyone to do it or anything else, but we’d like to set up the capital project fund byincreasing it $30,000 making the total amount $50,000. Eighteen thousand or a little less wentto the pumps last year. One estimate we got for VFDs that would include all the electronics andthe motors themselves was $27,220 and then there will be some incidental costs for electricityand stuff so we just rounded it up to $30,000. This isn’t a commitment. We are just getting thecapital project set up. Councilperson Greenberg added that we were talking about grant money.Supervisor LaGrange said that we would have to set up the capital project regardless of wherethe revenues come in. Councilperson Leinung asked if this was like an up-to amount.


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Supervisor LaGrange said that that was correct. There is no commitment at all. Quite frankly,the district has a healthy fund balance and when we get closer to deciding whether we want theVFDs we could easily pay for the pumps and do the VFDs through the grant money orsupplement them through the grant money. Councilperson Greenberg said that he was fine withthat; he just wanted to be clear that it’s not committing us. Supervisor LaGrange said that thatwas correct.

RESOLUTION 2018-127Supervisor LaGrange offered the following resolution and moved its adoption:

Whereas, the Town Board has previously established a capital project HSR and,

Whereas, the Town Board has completed the replacement of the pumps and,

Whereas, the Town Board has received an estimate for the cost to complete the control upgrades phase of the project and,

Whereas, the Town has authorized issuing debt for funding the project,

Now therefore be it resolved, that the budget for the capital project be amended as follows:

Increase Revenues:(HSR) 5710 Serial Bonds $30,000

Increase Appropriations:(HSR) 8320.2 Water Source of supply, power and pumping $30,000

And it is further

Resolved, that General Fund B is hereby authorized to loan to the capital project fund from time to time funds to finance and sustain the project pending the issuance of debt at an initial interest rate of 0.05% per annum, said rate to be adjusted from time to time to reflect market conditions.

Councilperson Greenberg seconded the motion.

Councilperson Hennessy said that he’s fine with this, but he hasn’t seen any documentation onit. It might have been in the Swift Road improvements file that Mr. Frueh from Stantec prepared.The one he got was empty. It had a couple of things about a potential improvement. Can weadd this information to that improvement project information? We’ve talked VFDs and pumpreplacements, and I think we have some documentation on the pump repair/replacement.Engineer Secor said that we have a written quote for the $27,000, and that certainly can beshared. Supervisor LaGrange said that, again, this is just setting up the capital project but heappreciates what you’re saying. He doesn’t know why those things weren’t there because thosewere expected things. Maybe something didn’t download correctly. He’ll check his Swift Roadfolder tomorrow, and if it’s lacking those things he’ll asked Mr. Frueh for an update.

All present and voting, the motion carried (5 Ayes)

8 Resolution establishing Capital Project H10 for two highway department pick-up trucks,one with plow and sanderSupervisor LaGrange said that this is from our bond counsel. This is for the two pick-up trucksthat we put in the budget and have since purchased. I think we had delivery of one. HighwaySuperintendent Guyer agreed.

RESOLUTION 2018-128Supervisor LaGrange offered the following resolution and moved its adoption:

Whereas, the Highway Department needs two pick-up trucks and a plow and sander, and

Whereas, the Town Board desires to finance the trucks, plow and sander through the issuanceof debt, and

Whereas, the Town Board desires to establish separate accounts for the projects separate anddistinct from the operating and maintenance accounts of the Highway Fund,

Now, therefore it is hereby


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Resolved, that the Town Board hereby designates the purchase of the two trucks, a sander andplow as a capital project, and it is further

Resolved, that the Town Board authorizes the Town Supervisor to procure the necessaryfinancing through the issuance of a serial bond, and it is further

Resolved, that the budget for the capital project be as follows:

H10 5130.2 Machinery & Equipment Capital Outlay $75,000.00

H10 5710 Serial bonds $75,000.00

And it is further

Resolved, that General Fund B is hereby authorized to loan to the capital project fund from timeto time, funds to finance and sustain the project pending the issuance of debt, at an initialinterest rate of 0.00% per annum, said rate to be adjusted from time to time to reflect marketconditions.


Supervisor LaGrange said that as you might recall the Board decided during budget time that wewould go out and BAN these and pay for them over five years I believe. CouncilpersonGreenberg asked if we ordered one. Supervisor LaGrange said that we ordered two but we’vereceived one. Councilperson Hennessy said that he knows we authorized at least one to buy.We don’t have the second one yet. Highway Superintendent Guyer said that the Boardauthorized buying two of them, but we haven’t taken delivery of two yet. CouncilpersonHennessey said that in April they authorized the sand and plow truck. Highway SuperintendentGuyer said that they both came to the Board in February. It was the meeting that Mr. Van Praagattended. The Board authorized the two of them. We went back to order them and GeneralMotors said that they couldn’t build the one ton. We had to go back to the drawing board, andwe came back the following month to do it with a different manufacturer. Attorney Naughtonsaid that maybe that’s why Councilperson Hennessy is thinking it was just one. It was one thatwe were dealing with at that meeting because they were unable to fulfill that order so he had toredo it to say which one we were buying. Councilperson Hennessy said that he just wanted tomake sure that we got the paperwork right. Do we know how much it is yet? HighwaySuperintendent Guyer replied that they both came in under the budgeted amounts.Councilperson Hennessy asked if we had the second price for the truck approval. SupervisorLaGrange said that that was at the April meeting. Councilperson Hennessy said that the Aprilmeeting was only the sand plow truck. Highway Superintendent Guyer said that that’s thesecond pick-up truck. Councilperson Hennessy said that he just wanted to make sure that wehad the paperwork. Highway Superintendent Guyer said that we’re good.

Councilperson Greenberg said that he had a question that he wasn’t aware of when CountyExecutive McCoy said that the State is picking up half the price if we delay things. He assumesthat we can’t delay on these two. Highway Superintendent Guyer said that he didn’t knowanything about that. Councilperson Greenberg asked what we are looking at next year.Highway Superintendent Guyer said that at some point we are going to need an additional bigtruck. Councilperson Greenberg said that we might want to look into that and get that passedthis year. Supervisor LaGrange asked to interject here. That was kind of a cavalier comment asto the overall program that we’re talking about here. We’re trying to find many different wayswith a contract. We’re trying to working on something with the Sheriff with building and a coupleof other avenues that might work like something with the Village possibly. There are no rulesright now. They are telling us to throw all this stuff against the wall and see what sticks. Whatneeds to be done is that it’s something we planned on and theoretically budgeted for or at leasthad some interest in that we can postpone by using another municipality’s piece of equipment.There are other things like health care and personnel. We are hoping to maybe come up withan agreement. Attorney Naughton, Attorney Reilly, the Mayor, and Supervisor LaGrange alongwith Public Works Commissioner LaChappelle and Village Superintendent Hotaling are workingon this. The Village needs another person in their DPW. We can always use it when we get toa situation where there are major leaks and stuff. We try to join together. If we make that anofficial contracted agreement we could probably get half of a person for both of us to hire in thefuture. There is a lot more to it than if you were going to plan on buying something to postponeit. We have to show that we agreed to borrow something to satisfy what the state is going to belooking for. This is the Governor’s grand situation. Councilperson Greenberg said that he


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knows a lot of other things are going on; he was specifically asking about the trucks. There isno way to delay the second truck. Highway Superintendent Guyer said that there isn’t becausewe own them. Councilperson Greenberg said that he thought only one had been delivered.Highway Superintendent Guyer said that it has been, but it’s been signed for. It should be herewithin a week or two. Supervisor LaGrange said that we are hoping to find some avenueswhere we can do something. We borrow the Village’s garbage truck for different things andthat’s wearing out. We’re looking at maybe something to replace it. Councilperson Greenbergsaid that he was specifically asking about the trucks. Supervisor LaGrange said that the answeris no.


9 Bond Resolution authorizing the acquisition of two pick-up trucks and issuance of serialbonds in an aggregate principal amount not to exceed $75,000.Supervisor LaGrange said that this resolution was put together by our bond counsel. This is sowe can show that we’re eventually going to go to bond. Supervisor LaGrange believed webudgeted $80,000 in the budget for it. The $75,000 reflects a closer amount to where theysettled in at.

Resolution 2018-129The following resolution was offered by Supervisor LaGrange, seconded by CouncilpersonSnyder, to wit;

BOND RESOLUTION DATED JUNE 13, 2018

A RESOLUTION AUTHORIZING THE ACQUISITION OF TWO (2) PICK-UP TRUCKS,AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPALAMOUNT NOT TO EXCEED $75,000 OF THE TOWN OF NEW SCOTLAND, ALBANYCOUNTY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCESAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATIONNOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWNSUPERVISOR.

BE IT RESOLVED, by the Town Board of the Town of New Scotland, Albany County,New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members ofthe Board) as follows:

SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financedpursuant to this resolution is the acquisition of one (1) Ford F350 pick-up truck with Fishersnowplow and spreader and one (1) Chevy Silverado 4WD crew cab and related equipment.The maximum cost of said purpose will not exceed $75,000.

SECTION 2. The Town Board plans to finance the maximum estimated cost of saidpurpose by the issuance of serial bonds and/or bond anticipation notes in an amount not toexceed $75,000 of said Town, hereby authorized to be issued therefor pursuant to the LocalFinance Law.

SECTION 3. It is hereby determined that the acquisition of two (2) pick-up trucks andrelated equipment, is an object or purpose described in subdivision 28 of paragraph (a) ofSection 11.00 of the Local Finance Law, and that the period of probable usefulness of saidpurpose is fifteen (15) years.

SECTION 4. Current funds are not required to be provided prior to the issuance of thebonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

SECTION 5. It is hereby determined that the proposed maturity of the obligationsauthorized by this resolution will not be in excess of five years.

SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for thepayment of the principal of and interest on such bonds as the same respectively become dueand payable. An annual appropriation shall be made in each year sufficient to pay the principalof and interest on such bonds becoming due and payable in such year. There shall annually belevied on all the taxable real property of said Town a tax sufficient to pay the principal of andinterest on such bonds as the same become due and payable.

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law,


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pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bondanticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the LocalFinance Law, the powers and duties of the Town Board pertaining or incidental to the sale andissuance of the obligations herein authorized, including but not limited to authorizing bondanticipation notes and prescribing the terms, form, and contents and as to the sale and issuanceof the bonds herein authorized and of any bond anticipation notes issued in anticipation of saidbonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chieffiscal officer of the Town.

SECTION 8. The temporary use of available funds of the Town, not immediatelyrequired for the purpose or purposes for which the same were borrowed, raised or otherwisecreated, has been authorized by a “Notice of Intent” approved by the Town Board at a meetingheld on February 14, 2018, and is therefore authorized pursuant to Section 165.10 of the LocalFinance Law, for the capital purposes described in Section 1 of this resolution. The Town thenreasonably expects to reimburse such expenditure with the proceeds of the bonds or bondanticipation notes authorized by Section 2 of this resolution. The “Notice of Intent” approved bythe Town Board on February 14, 2018, shall constitute the declaration of the Town’s “officialintent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of thebonds and notes authorized herein, as required by United States Treasury RegulationSection 1.150-2.

SECTION 9. The Town Supervisor is further authorized to take such actions andexecute such documents as may be necessary to ensure the continued status of the interest onthe bonds authorized by this resolution, and any notes issued in anticipation thereof, asexcludable from gross income for federal income tax purposes pursuant to Section 103 of theInternal Revenue Code of 1986, as amended (the “Code”) and to designate the bondsauthorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 10. The Town Supervisor is further authorized to enter into a continuingdisclosure agreement with the initial purchaser of the bonds or notes authorized by thisresolution, containing provisions which are satisfactory to such purchaser in compliance with theprovisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuantto the Securities Exchange Act of 1934.

SECTION 11. The Town hereby determines that the acquisition of two (2) pick-uptrucks and related equipment is a “Type II action” that will not have a significant effect on theenvironment and; therefore, no other determination or procedures under the StateEnvironmental Quality Review Act (“SEQR”) is required.

SECTION 12. The validity of said serial bonds or of any bond anticipation notes issuedin anticipation of the sale of said serial bonds may be contested only if:

(1) (a) Such obligations are authorized for an object or purpose for which saidTown is not authorized to expend money, or

(b) The provisions of law which should be complied with at the date ofpublication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days afterthe date of such publication; or

(2) Said obligations are authorized in violation of the provisions of the Constitution ofNew York.

SECTION 13. The Town Clerk is hereby authorized and directed to publish thisresolution, or a summary thereof, together with a notice in substantially the form provided bySection 81.00 of said Local Finance Law, in the official newspaper or newspapers of the Town.

SECTION 14. This resolution is not subject to permissive referendum pursuant toSection 35.00b.1.(1) of the Local Finance Law and shall take effect immediately.


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The question of the adoption of the foregoing resolution was duly put to vote on a roll call, whichresulted as follows:

Douglas LaGrange VOTING AyeAdam Greenberg VOTING AyeWilliam Hennessy, Jr. VOTING AyeDaniel Leinung VOTING AyePatricia Snyder VOTING Aye

The foregoing resolution was thereupon declared duly adopted.

Bond Resolution authorizing the issuance of serial bonds in an amount not to exceed $150,000 for water main replacement in the Feura Bush Water District

Resolution 2018-130The following resolution was offered by Supervisor LaGrange, seconded by CouncilpersonLeinung, to wit;

BOND RESOLUTION DATED JUNE 13, 2018

A RESOLUTION AUTHORIZING THE ACQUISITION AND INSTALLATION OF AWATER MAIN REPLACEMENT FOR THE FEURA BUSH WATER DISTRICT,AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPALAMOUNT NOT TO EXCEED $150,000 OF THE TOWN OF NEW SCOTLAND, ALBANYCOUNTY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCESAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATIONNOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWNSUPERVISOR.

BE IT RESOLVED, by the Town Board of the Town of New Scotland, Albany County,New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members ofthe Board) as follows:

SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financedpursuant to this resolution is the acquisition and installation of approximately 800 feet of watermain replacement for the Feura Bush Water District and necessary site work and the acquisitionand installation of equipment, machinery and apparatus for the foregoing purpose. Themaximum cost of said purpose will not exceed $150,000.

SECTION 2. The Town Board plans to finance the maximum estimated cost of saidpurpose by the issuance of serial bonds and/or bond anticipation notes in an amount not toexceed $150,000 of said Town, hereby authorized to be issued therefor pursuant to the LocalFinance Law.

SECTION 3. It is hereby determined that said purpose is an object or purposedescribed in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and thatthe period of probable usefulness of said purpose is forty (40) years.

SECTION 4. Current funds are not required to be provided prior to the issuance of thebonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

SECTION 5. It is hereby determined that the proposed maturity of the obligationsauthorized by this resolution will be in excess of five years.

SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for thepayment of the principal of and interest on such bonds as the same respectively become dueand payable. An annual appropriation shall be made in each year sufficient to pay the principalof and interest on such bonds becoming due and payable in such year. Should theassessments upon benefitted real property be insufficient to pay the principal of and interest onsuch bonds, there shall annually be levied on all the taxable real property of said Town a taxsufficient to pay the principal of and interest on such bonds as the same become due andpayable.

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law,pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond


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anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the LocalFinance Law, the powers and duties of the Town Board pertaining or incidental to the sale andissuance of the obligations herein authorized, including but not limited to authorizing bondanticipation notes and prescribing the terms, form and contents and as to the sale and issuanceof the bonds herein authorized and of any bond anticipation notes issued in anticipation of saidbonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chieffiscal officer of the Town.

SECTION 8. The temporary use of available funds of the Town, not immediatelyrequired for the purpose or purposes for which the same were borrowed, raised or otherwisecreated, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for thecapital purposes described in Section 1 of this resolution. The Town then reasonably expects toreimburse such expenditure with the proceeds of the bonds or bond anticipation notesauthorized by Section 2 of this resolution. This resolution shall constitute the declaration of theTown’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with theproceeds of the bonds and notes authorized herein, as required by United States TreasuryRegulation Section 1.150-2.

SECTION 9. The Town Supervisor is further authorized to take such actions andexecute such documents as may be necessary to ensure the continued status of the interest onthe bonds authorized by this resolution, and any notes issued in anticipation thereof, asexcludable from gross income for federal income tax purposes pursuant to Section 103 of theInternal Revenue Code of 1986, as amended (the “Code”) and to designate the bondsauthorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 10. The Town Supervisor is further authorized to enter into a continuingdisclosure agreement with the initial purchaser of the bonds or notes authorized by thisresolution, containing provisions which are satisfactory to such purchaser in compliance with theprovisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuantto the Securities Exchange Act of 1934.

SECTION 11. The Town hereby determines that the acquisition and installation of awater main replacement for the Feura Bush Water District is a “Type II action” that will not havea significant effect on the environment and; therefore, no other determination or proceduresunder the State Environmental Quality Review Act (“SEQR”) is required.

SECTION 12. The validity of said serial bonds or of any bond anticipation notes issuedin anticipation of the sale of said serial bonds may be contested only if:

(1) (a) Such obligations are authorized for an object or purpose for which saidTown is not authorized to expend money, or

(b) The provisions of law which should be complied with at the date ofpublication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days afterthe date of such publication; or

(2) Said obligations are authorized in violation of the provisions of the Constitution ofNew York.

SECTION 13. The Town Clerk is hereby authorized and directed to publish thisresolution, or a summary thereof, together with a notice in substantially the form provided bySection 81.00 of said Local Finance Law, in the official newspaper or newspapers of the Town.

SECTION 14. This resolution is not subject to permissive referendum pursuant toSection 35.00b.1.(2) of the Local Finance Law and shall take effect immediately.

The question of the adoption of the foregoing resolution was duly put to vote on a roll call, whichresulted as follows:

Supervisor LaGrange said that this will also include whatever we need to spend on the warningdevices. He believes Stantec is reviewing them now. Engineer Secor said that he talked to Mr.Frueh today, and they are just being reviewed. Supervisor LaGrange said that that’s why we


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are doing $150,000. This will probably be substantially less, especially if we’re able to use thatone device. Supervisor LaGrange asked what a SCADA warning system runs. Engineer Secorsaid they are looking at the motors rather than the meter. It’s one and the same. We don’t buyany water unless the pumps are on. Supervisor LaGrange said that this particular warningsystem works off the pumps. It’s ridiculously cheaper than a SCADA. Engineer Secor said theonly difference is if there is a leak. The lower part of the system is fed directly from Bethlehemand then the pumps go up to the tank, and that feeds the upper zone. So, if there is a leak inthe lower zone, just monitoring the pump motors wouldn’t pick up that leak. That’s why mypreference is to look at the meter. They are more expensive but that’s where your pocketbookis.

Supervisor LaGrange said that there was another concern that there wasn’t enough room in themeter pit to add something. Engineer Secor said that he hasn’t gotten to that level of detail yet,but we don’t want any repeats of what’s going to happen.

Douglas LaGrange VOTING AyeAdam Greenberg VOTING AyeWilliam Hennessy, Jr. VOTING AyeDaniel Leinung VOTING AyePatricia Snyder VOTING Aye

The foregoing resolution was thereupon declared duly adopted.

Supervisor LaGrange noted that we were upwards of about 32% loss there. On the last reading it was 12.2% which is well within the range of loss, but we did add a meter to the town park down there to better check on usage. We never had one there and he didn’t know that. Now, we will be able to check that. It will reduce the losses also, and it can be properly allocated to the right fund rather than Feura Bush residents.

Attorney Naughton said that while we are talking about Feura Bush did we get a letter? Isn’t theretainage now due? Supervisor LaGrange said that that’s not ready yet. He talked to Mr. Fruehthis afternoon on it. It’s not Stantec and it’s not us or the contractor. It’s the County. TheCounty wants some assurances on a couple of things, and they are trying to iron it out. Theywill get back to us sometime soon. The contractor understands.

Discussion/Action re: lease of space in the Community Center to the New ScotlandHistorical AssociationAttorney Naughton said that as the Board may recall there was a prior 10-year lease. It was aone page, very simple lease which expired on December 31. They’ve asked us for a new lease,and the Association expressed an interest in a longer term lease. He recommended that wehave a lease with a term of five years with a five-year renewal. The Association met last nightand they approved the form of the lease Attorney Naughton drafted. It’s a little morecomprehensive in terms of what happens if there is a fire and that kind of thing. There is also alicense built into this because they hold their board meetings in the regular community room.The only request they made for a change that differs from the one that’s attached to our agendais in paragraph 9 where the lease premises include the Spaulding room, the office, and the landon which the association’s shed is located. When you get to paragraph 9, it said that if thingsare needed we can make changes, etc., but it won’t unreasonably interfere with theassociation’s use of the Spaulding room for museum purposes and they added the office. Hehas had his assistant make that change. It’s just carrying over so it’s consistent with paragraph1 about what’s being leased to them in the building. Again, it’s very simple. They pay $1 in rent,and the Board has found that this is a good thing. It’s a good use for that space. Since we areleasing Town land we have to go through the permissive referendum procedure. He has a draftresolution approving the lease, but it’s subject to that 30-day referendum period. If someonefiles a petition objecting to it then it would get hung up in the referendum process. If nothinggets filed, then the approved lease would be ready to go. We have a signed copy of the leasefrom the Association. If the Board is in favor of doing this we will just pass this resolutionapproving it subject to the referendum process. Attorney Naughton will note for the record thatmany of these lease terms are similar to the ones that we included when there was a lease withrespect to the water tank at the Highway Garage. These are typical lease provisions that we’veused before.

Supervisor LaGrange asked if the resolution incorporates approving the lease at the same time.Attorney Naughton said yes, paragraph 1 does that.

RESOLUTION NO. 131 OF 2018


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WHEREAS, the Town owns a parcel of land and building known as the WymanOsterhout Community Center at 7 Old New Salem Road in the Town of New Scotland, AlbanyCounty, New York;

WHEREAS, the Town wishes to Lease the Spaulding Room and a shed at theCommunity Center to the New Scotland Historical Association for the purpose of operating amuseum, and the Association has requested a license to use the meeting room in theCommunity Center for its monthly program meetings and monthly board meetings;

WHEREAS, the Lease of the land is subject to permissive referendum under Section64(2) of the New York Town Law;

NOW, THEREFORE, BE IT RESOLVED:

1. The Town Board: (1) determines that the Spaulding Room at the CommunityCenter (and the outdoor shed) (collectively, the “Premises”) is not required foruse by the Town and the Premises should be leased to the New ScotlandHistorical Association subject to the terms of the Lease annexed to thisResolution; and (2) hereby authorizes the Supervisor, subject to permissivereferendum, to sign the Lease on behalf of the Town.

2. The Clerk shall publish notice of the Resolution in accordance with permissivereferendum provisions of the NY Town Law, and shall maintain a copy of theLease available for public inspection in the Town Clerk’s office.

3. If no petition is duly and timely filed pursuant to Section 64(2) of the NY TownLaw with respect to the proposed Lease, then the Town shall proceed with theLease of the Premises in accordance with the terms of the Lease.

4. This resolution is subject to permissive referendum as provided in Section 64(2)of the Town Law of the State of New York and shall not take effect until thirty (30)days after the date of its adoption, nor until approved by the affirmative vote of amajority of the qualified electors of the Town thereby voting upon suchproposition, if within thirty (30) days after the adoption of this Resolution, there befiled with the Town Clerk of the Town a petition subscribed and acknowledged orproved, or authenticated by electors of the Town qualified to vote upon such aproposition in number equal to at least five per centum of the total cast forgovernor in said town at the last general election held for the election of stateofficers, but which shall not be less than one hundred in a town of the first classnor less than twenty-five in a town of the second class.

A motion by Member LaGrange, seconded by Member Leinung, to adopt Resolution No. 131of 2018.

In favor: 5 AyesOpposed: 0 NaysMotion Approved: 5 Ayes

Resolution re: Creekside Dedication of Water Line Infrastructure on Westover Rd. in theHeldervale Water DistrictSupervisor LaGrange said that Creekside has not gotten their materials together to dedicateWestover yet. Engineer Secor said that they are still waiting for the “as builts.” SupervisorLaGrange said that we will postpone this. Councilperson Hennessy asked if Stantec hasinspected the restoration on the Heldervale side. Has that been approved? Engineer Secorreplied yes, adding that he walked some of that with the Highway Superintendent and ourinspector. As far as he knows, that’s all okay unless you have some neighbors with issues.Councilperson Hennessy said that he was just checking.

Resolution authorizing the Supervisor to execute a Settlement Agreement and GeneralRelease between the Town and National Grid regarding a refund of fees resulting fromaudit of street lighting facilities Supervisor LaGrange said that we’ve done this for the past two years. This is kind of just arubber stamp on our part to get this refund back. They reviewed all the street lights for inventorypurposes. Attorney Naughton said that this is National Grid, and there is a refund due of$1,551.73. They have some paperwork we have to sign in order to get it. They asked for a


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release. It’s kind of a strange procedure but we’ve done it before. It’s a small amount of moneyand the release is limited to this one situation. Supervisor LaGrange said that this doesn’t affectany of our other relationships with them or any possibilities for the inventory we’ve asked for anda buyout price. This is totally separate.


Resolved, that the Town Board of the Town of New Scotland does hereby authorize theSupervisor to execute a Settlement Agreement and General Release between the Town andNational Grid regarding a refund of fees resulting from audit of street lighting facilities.

Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5Ayes).

Resolution re: Pledge for Climate Smart CommunityCouncilperson Leinung said that we discussed this at the last meeting. This is the resolution weput together to join the Climate Smart Community Program that is run by DEC. Among otherthings, it’s committed to ways to reduce the Town’s carbon footprint and other climate mitigationareas. As mentioned earlier, there is also a grant program associated with the Climate SmartCommunity Program. It’s a 50/50 match. This year’s theme is Climate Mitigation, specificallyflood mitigation and work towards improving infrastructure to deal with increased flooding intowns. The presentation we had earlier was very appropriate for that. To help our applicationfor that grant funding becoming a Climate Smart Community, there are different levels. The firstone is a Registered Smart Community, and that’s what this would make us. It gives us extrapoints in our application process. In the program there are a whole bunch of other certificationactions that we can get credits for, and each year if we get the next level as a certified SmartCommunity it gives us more and more advantage in getting this grant funding. A lot of thisinformation we’ve already done. There are plans in here about updating our comprehensiveplan. Our draft right now recommends that the Town become a Climate Smart Communitythrough this process. With that being said, there is one change in the attachment, one word.It’s the second WHEREAS clause instead of “will endanger” it will say “may endanger.”Councilperson Greenberg asked why we are changing that. Councilperson Snyder said that sheasked that we soften that a little bit. Councilperson Hennessy said that he is not so sure heagrees. Councilperson Greenberg said he wasn’t either. Councilperson Hennessy said thathe’s fine with “will endanger” because he agrees with it. Supervisor LaGrange suggested theword “can.” Councilperson Greenberg asked if it mattered if we soften it. CouncilpersonLeinung said that the only thing that has to be the same is the THEREFORE. This was asample that was given to us. We can make changes to the WHEREAS clause. CouncilpersonLeinung said that the words “can” and “may” are pretty much the same thing. SupervisorLaGrange said that he’s good either way. Councilperson Leinung said

I think I understand Councilperson Snyder’s point. “Shall” means something will definitelyhappen and “may” means it could happen. Councilperson Snyder said that that was primarilyher concern. She’s not a scientist and she can’t see into the future to know that these things willin fact happen. They may happen. Councilperson Snyder said that she isn’t comfortablemaking it definitive. She’s just asking to change one word. Councilperson Hennessy said thathe’s sorry but he’s not in favor of changing it. If we have to go on record supporting climatechange versus not supporting it, he’s on record for saying it has already endangered theinfrastructure. It’s not that it will in the future, it already has so he’s not in favor of changing it.Councilperson Greenberg agreed with Councilperson Hennessy. Councilperson Snyder saidthat she can’t support it as proposed. Supervisor LaGrange said that he’s good either way.Again, it’s a WHEREAS. It’s stating something, but what matters is what we are hoping to do.He’s good with it. Councilperson Snyder said that it’s not the substance. She thinks this is agood opportunity for us, but she thinks that to say that these things will in fact happen is verystrong. Councilperson Leinung said that he understands Councilperson Snyder’s point. Theseare things that will happen and do happen in effects of climate change. He understands that100% won’t necessarily happen in New Scotland. All of these things happen 100% true, but itwill have an effect on all of these issues. The original “will” was recommended and he prefers tohave it in there. This is the Climate Smart Community model resolution. Supervisor LaGrangesaid that it’s our resolution. Councilperson Leinung said that if we can keep it “will” he thinksthat’s preferable.

RESOLUTION NO. 133 OF 2018


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WHEREAS, the Town of New Scotland Town Board (hereinafter “Town”) is concernedthat climate change poses a real and increasing threat to the environment and is primarily due tothe burning of fossil fuels; and

WHEREAS, the effects of climate change will endanger our infrastructure, economy, andlivelihoods; harm our farms, orchards, ecological communities, and wildlife populations; spreadinvasive species and exotic diseases; reduce drinking water supplies; and pose health threats toour citizens; and

WHEREAS, the action needed to address and respond to the challenges and riskspresented by the effects of climate change provides an opportunity to: save money; build livable,energy-independent communities; promote innovation economies; promote healthy and safeschools; and design and build resilient infrastructures; and

WHEREAS, the scale of greenhouse gas (GHG) emissions reductions required forclimate stabilization will require sustained and substantial efforts; and

WHEREAS, communities should take immediate steps to adapt to the effects of climatechange,

NOW, THEREFORE, BE IT RESOLVED, that the Town, in order to reduce greenhousegas emissions and adapt to a changing climate, hereby adopts the New York State ClimateSmart Communities pledge, which comprises the following ten elements:

1) Build a climate-smart community.

2) Inventory emissions, set goals, a plan for climate action.

3) Decrease energy use.

4) Shift to clean, renewable energy.

5) Use climate-smart materials management.

6) Implement climate-smart land use.

7) Enhance community resilience to climate change.

8) Support a green innovation economy.

9) Inform and inspire the public.

10) Engage in an evolving process of climate action.

A motion by Member Leinung, seconded by Member Hennessy, to adopt Resolution No.133 of 2018.

In favor: 4 AyesOpposed: 1 NayMotion Approved: 4 Ayes

Councilperson Snyder opposed the resolution as proposed saying that she supports the actionsthat this climate smart community is proposing that the Town of New Scotland make. Shedisagrees with the draconian language and the WHEREAS clause with respect to the effects ofclimate change.

Councilperson Leinung said that he thinks we also need to have something in there aboutsubmitting this to the Climate Smart Community. We need some type of authorization to submitthis. Attorney Naughton said that we could just forward a copy of this signed resolution to theappropriate officials at the Climate Smart Program. Attorney Naughton suggested that thesupervisor’s office do that.

Resolution 2018-134Councilperson Leinung offered the following and moved its adoption:

Resolved, that the Town Board of the Town of New Scotland does hereby authorize theSupervisor to submit the Climate Smart Community Pledge resolution.

Councilperson Greenberg seconded the motion. All present and voting, the motion carried (5Ayes)

Discussion/Action re: promotion of Samantha Miller to step 3 of the pay grade schedulefor Clerk 1 part-time at $16.73 per hour effective June 4, 2018Supervisor LaGrange said he gave the Board a salary scale just to refresh their memory. Mrs.Miller came in with a lot of good capabilities. We started her at level 2, and it’s been six months.


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She’s been through the first water billing process and she did very well. She’s learned payrollso she can take over for Mrs. Kavanaugh when she’s out. She’s really handling the job as wellas he has seen anyone do it next to Mrs. Ernst from a few years back. She’s really doing wellso he thinks it’s quite appropriate to raise her up a level after six months, which was discussedwhen we hired her. The budget allows for this because her predecessor was at the $16.73 markfor this coming year. We’ve been below budget, and now for the second half of the year we willstill be within the budget for that position. Councilperson Leinung asked how long she’s beenhere. Supervisor LaGrange said it’s been a little longer than six months. CouncilpersonLeinung asked if we usually try to wait six months to a year. Supervisor LaGrange said we seehow things work out. It depends on the position and the person and how they develop.


Resolved, that the Town Board of the Town of New Scotland does hereby approve thepromotion of Samantha Miller to step 3 of the pay grade schedule for Clerk 1 part-time at $16.73per hour effective June 4, 2018.


Standard Work Day and Reporting Resolution Planning Board Member Amy SchallopResolution 2018-136Supervisor LaGrange offered the following and moved its adoption:

RESOLVED, that the Town Board of the Town of New Scotland does hereby move that weaccept the Standard Workday and Reporting resolution as it pertains to Planning Board memberAmy Schallop and as outlined:


Fire and Ambulance:

Authorize Supervisor to accept proposals from Teal, Becker & Chiaramonte for audit of: 1. 2017 financial statements of the Onesquethaw Fire Protection District LOSAP2. 2017 financial statements of the New Salem Fire Protection District LOSAP

Supervisor LaGrange said that we have a 2016 report from Teal, Becker & Chiaramonte for bothOnesquethaw and New Salem. We had some concerns that Mr. Purinton, myself,Councilperson Snyder, and Councilperson Greenberg are dealing with. We don’t have a lot ofchoices for this. They did a good job, but we have some questions. We are trying to schedulean exit meeting on the 2016 report for both houses so we can hear an explanation directly fromthem of their findings so we can better address those. In the interim this is for the 2017 auditand we need to keep moving forward, but we can delay if the Board chooses to have SupervisorLaGrange signing the agreement until after we get satisfaction for the 2016 results. Is that fairto everyone? Councilperson Snyder said yes. Councilperson Greenberg said there were somecomments regarding the 2016 review and we are trying to get clarification on that. Until weknow exactly what they are talking about, it’s hard to define what we want to do in 2017.


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Councilperson Hennessy was going to ask the same things. Is this something we should reviewfirst? Supervisor LaGrange said that we want to better understand what they wrote and that’sthe main thing. He was hoping to meet with them this Friday but we’re zeroing in on next Friday.Councilperson Hennessy asked if Councilperson Snyder agreed with that. CouncilpersonSnyder said that we need to have a meeting. She thinks that what Supervisor LaGrange isproposing is that we have our meeting first. Supervisor LaGrange asked if the Board wants toput this off until next month and have our meeting first. He said that we can pass this with thecondition that we have to be satisfied with 2016. Attorney Naughton said to condition it with theBoard being satisfied with the responses we receive regarding our questions. CouncilpersonHennessy asked if there was a problem waiting a month. Supervisor LaGrange said that hedidn’t know. Councilperson Hennessy asked if Councilperson Greenberg is saying he’d rathernot do this. Councilperson Greenberg said that he’s okay with conditioning it that if they findsomething in this exit interview that needs to be changed we won’t sign the agreement. Heassumes that this agreement will work. Attorney Naughton said that we’re going to give theSupervisor discretion whether to actually execute the agreement after consultation with the othermembers of the audit committee. Councilperson Greenberg agreed.


Resolved, that the Town Board of the Town of New Scotland does hereby give the Supervisordiscretion to actually execute the proposals from Teal, Becker & Chiaramonte after consultationwith other members of the audit committee for audit of:

1. 2017 financial statements of the Onesquethaw Fire Protection District LOSAP2. 2017 financial statements of the New Salem Fire Protection District LOSAP


Appoint Richard M. Westcott as ConstableSupervisor LaGrange said Public Safety Officer Miller has been dealing with some issueskeeping a constable in courts. They’ve been juggling it fairly well but at the same time one ofour constables is kind of backing off and the other one is looking at a job change. Mr. Miller wasasking the Board to approve the appointment of Richard Westcott of Old New Salem Road asan additional constable.


Resolved, that the Town Board of the Town of New Scotland does hereby appoint Richard M.Westcott as Constable.

Councilperson Hennessy seconded the motion.

Councilperson Greenberg asked if this affects the budget at all. Supervisor LaGrange repliedthat it did not. Attorney Naughton asked if that’s a set salary. Supervisor LaGrange said thatit’s the same rate as the budget outlines. Supervisor LaGrange didn’t think it was only the salaryscale but it would be the same rate as the other constables regardless. Councilperson Leinungasked if we normally give Mr. Miller the discretion on the background of the person. SupervisorLaGrange replied yes adding that this person is a Deputy County Sheriff. The Sheriff has to sayokay too. The primary concern up there is safety and Mr. Miller has been doing a very good jobof juggling the scheduling and everything else. Attorney Naughton asked about the effectivedate. Supervisor LaGrange believed it was immediately as long as he gets all the paperwork in.


Discussion/Action re: retaining the services of a PlannerCouncilperson Hennessy said that a couple of weeks ago he and Councilperson Greenberginterviewed for the Planner position. A part-time planner is in the budget for this year to helpwith Planning and Zoning, grant writing, and current codes. It’s something that this Board hascertainly encouraged in almost all the years he’s been here, which is six. Two people applied,and he and Councilperson Greenberg interviewed them. He submitted to the Board his reviewand analysis. He would like to recommend that we retain Nan Stolzenburg from PlanningAssociates for that position. He would entertain any questions. Councilperson Greenberg saidthat both candidates were impressive but Ms. Stolzenburg had a little more experience. She


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has experience in all three areas and that’s why we tended to go with her. He wouldn’t secondCouncilperson Hennessy’s opinion on that. He would schedule a follow-up meeting with thepotential of hiring. If we approve this tonight we can iron out the details. Supervisor LaGrangesaid that there were two aspects. One was to work with Building Inspector Cramer on some ofthe major subdivisions and stuff. That is something we would do through escrow requests aswe do with both legal and engineering. Then the amount we actually budgeted for was topotentially focus on things like going over the zoning code and try to get that up to a better level.Hopefully with the upcoming passage of the Comprehensive Plan Update that will give herguidance in relationship to that. He thinks this is great. Attorney Naughton asked about salary.Supervisor LaGrange said that the salary was outlined in the budget. Councilperson Greenbergadded that she is paid by the hour. Councilperson Hennessy said that it’s basically time andmaterials. Do you think we would need to establish a contract similar to the Town DesignatedEngineer contract? Attorney Naughton did adding that the hiring would be subject to review andapproval of the final agreement.

Resolution 2018-139Councilperson Hennessy offered the following and moved its adoption:

Resolved that the Town Board of the Town of New Scotland retain the services of CommunityPlanning and Environment Associates’ Nan Stolzenburg as the part-time Planner for the Townof New Scotland conditional on agreement of the formal contract after review by Counsel.


Attorney Naughton said that it sounds like we’re hiring the company as opposed to anemployee. Councilperson Hennessy said that he thinks that that is true. There are basically twopeople in her company. Supervisor LaGrange said that it’s just like if we were hiring Stantec.She is not going to be an employee of the Town. She is going to be a hired service. AttorneyNaughton said that that’s good.


Councilperson Hennessy said that he and Councilperson Greenberg will probably meet with her on Tuesday to plan an attack of scope. Board members should call or talk to him about anything they want. Supervisor LaGrange added that we need to set her up somewhere too. He’ll give her a couple of options. Councilperson Greenberg said that we as a Board should also work on a list of priorities.

Liaison ReportsHilton ParkCouncilperson Hennessy said that the Highway Department and the Parks Department didyeoman’s work this week and last week out at Hilton Park blazing some trails and clearing thebarn area with some of the soil that was placed. They were focused well on it and they didsome really nice shaping of the edge of the Rail Trail for the amphitheater appearance we wantto have at the park. It’s shaped up nicely. Highway Superintendent Guyer said that Mr. Duncan,Councilperson Hennessy, and Councilperson Greenberg cut some trails. It’s very primitive soyou can see what’s going on in there. Mr. Duncan did go a day or two later and he’s made atotal of three laps so far just brush hogging. Councilperson Hennessy and Supervisor LaGrangealong with a couple of Highway workers moved a ton of dirt from around the barn. We have apile of gravel that’s been sitting on what he calls the front lawn of the barn. We’re going to bringthat over and put it up against the barn. There’s some debris in there that will be pulled outonce it’s spread out. That will eliminate that pile as well. Supervisor LaGrange asked if we’regood with that for fill. Councilperson Hennessy asked if that’s something we want to use for atrail base. Highway Superintendent Guyer didn’t think it is what we would be looking for. Thatpile of material is what was left over from the hump from the road bed. Councilperson Hennessyasked if Mrs. Campana was able to call Pompa Brothers or the stone dealer in Saratoga.Highway Superintendent Guyer didn’t know but offered to check.

Councilperson Hennessy said that he didn’t know if it’s still true but a few years ago one of thesestone mines in Saratoga provided stone dust free of charge to municipalities. He was thinkingthat that might not be a bad option. Supervisor LaGrange asked if he was talking about the trailin the woods. Councilperson Hennessy said yes or we could continue by the barn with it.Supervisor LaGrange said Callahan still has agreed to bring that when we are ready.Councilperson Greenberg said we might want to use that on the trails.

Voorheesville Baseball Club


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Councilperson Hennessy said that the Voorheesville Baseball Club is going to have a team for9-year-old teams for fall ball in the park in the new field we built a couple of years ago. HighwaySuperintendent Guyer asked if they talked to Mrs. Campana. Councilperson Hennessy saidthey did. Superintendent Guyer said somebody called Mrs. Campana about a month ago andshe replied to them but we never heard back. They emailed her a couple of days ago.Councilperson Hennessy said that this is something different. He will send the information.

Charley Houghtaling ParkSupervisor LaGrange advised the status of the Charley Houghtaling Park in Feura Bush. TheJimmy Deragon’s boss has been donating a ton of work to the pavilion which is going to bededicated to Jimmy who was a longtime resident of Feura Bush. His girlfriend has beencoordinating this. She got the concrete donated for this. The concrete is all poured. Theretaining wall is poured, and the railing on the retaining wall is in place. Right now they aregetting things together. One of the apprentice schools through the carpenters’ union is doing asmuch prefabbing as they can. They are trying to line up a time to get it out there and put it alltogether. Supervisor LaGrange asked them to give us an idea of how much it would cost toreplace the roof on the garage there. It’s taking time but it’s been almost all donated. It’s atremendous project with a lot of volunteer work and hopefully it will come to fruition soon.

Comprehensive Plan Update CommitteeCouncilperson Greenberg said that Monday night the Comprehensive Plan Update Committeemet and had their hearing which they needed to do by law. Four of us were there. They willtake a little time to incorporate the changes, and the next step is to come together and have avote before referring it to the Town Board. Then it will be in our hands to make changes oraccept it and have a public hearing. That should be on the radar pretty soon. AttorneyNaughton said that the committee will recommend adoption and send it to the Town Board.

New Scotland HistoricalCouncilperson Leinung said that the NSHA is trying to put together a committee to look at thepossibility of creating a Historic Preservation Committee for New Scotland, perhaps a joint onewith New Scotland and Voorheesville. He just got an email from the NSHA president today sothat’s all the information he has. Hopefully at the next meeting he’ll be able to update the Boardmore.

Voorheesville School DistrictCouncilperson Snyder advised that the Voorheesville School District is contemplating hiring aResource Officer and they want public input on it. They are having a forum on June 26, 2018, at7PM at the PAC. They are hoping to use the Albany County Sheriff’s resources for that person.Councilperson Snyder added that there is someone there now for the last few weeks of school.

Krumkill RoadCouncilperson Greenberg asked if we have any timetable on when bids are going to go out.Highway Superintendent Guyer thought the surveyors were out last week so we’re waiting onthat to come back. Councilperson Greenberg said that people have been asking him if it’s goingto close. He’d like to be able to notify any residents that it would affect. HighwaySuperintendent Guyer said that it will be closed at some point, not for the road surface issue, butfor the culvert and drainage issue just before the bridge. He’s sure they are going to want toclose it. You can work three times as fast when you’re not dealing with traffic. As we get closerhe will acquire electronic sign boards to put up for the public. He thinks that will be the easiestway. It’s the best way to notify the masses. Stantec assured him that we are on schedule.Councilperson Greenberg asked if on schedule means August. Highway Superintendent Guyersaid that he thinks it’s supposed to be late summer or early fall to get the construction end of itdone. Supervisor LaGrange asked if the engineering is all done. Highway Superintendentthought it was, and Stantec is waiting on the survey.

Departmental Monthly Reports:

Town Clerk, May 2018

Registrar, May 2018

Justice Wukitsch, April and May 2018

Justice Johnson, April and May 2018

Pay the BillsResolution 2018-140Supervisor LaGrange offered the following and moved its adoption:

Resolved that the Town Board of the Town of New Scotland does hereby approve paying the


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following:

Pay the BillsJune, 2018

Abstract # Vouchers Amount20180704-20180799 $163,736.68

PrepaysAbstract# Vouchers Amount

1848 20180659-20180662,20180679

$36,056.92

1849 20180663 $34.981850 20180664 $38.701851 20180665 $324.191852 20180666 $23.561853 20180667 $319.961854 20180668 $32.211855 20180669 $107.241856 20180670 $41.651857 20180671 $41.611858 20180672 $173.701859 20180673 $131.231860 20180674 $92.591861 20180675 $23.131862 20180676 $661.251863 20180677 $33.321864 20180678 $107.961865 20180680-

20180681$138.03

1866 20180682 $155.061867 20180683 $1,000.001868 20180684-

20180687$33,033.20

1869 20180702-20180703

$225.80

1870 20180688 $967.931871 20180689 $21.641872 20180690 $23.891873 20180691 $317.091874 20180692 $28.851875 20180693 $329.161876 20180694 $78.521877 20180695 $33.641878 20180696 $83.041879 20180697 $164.561880 20180698 $28.531881 20180699 $23.531882 20180700 $496.421883 20180701 $21.02


Approve any Budget ModificationsResolution 2018-141Supervisor LaGrange offered the following and moved its adoption:

Whereas, there is a need to provide additional funding for amounts made or to be made in excess of the appropriation provided in the adopted budget, the Town Board resolves to provide funding as follows:

FROM CODE TO CODE AMOUNTFund Balance WG0909 Trans./Distr./Eng. WG8340.41 $290.00To appropriate money from Fund Balance to Trans./Distr./Engineering for amount


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not budgeted through 2/16/18.Fund Balance WS0909 Trans./Distr./Eng. WS8340.41 $1,197.50To appropriate money from Fund Balance to Trans./Distr./Engineering for amount not budgeted through 2/16/18.Machinery/Contr. DB5130.4 Machinery/Equip. DB5130.2 $278.38To appropriate Machinery/Contractual to Machinery/Equipment for amount over budget.Contingency B1990.4 Zoning/Contr. B8010.4 $2,666.00To appropriate money from Contingency to Zoning/Contractual for amount paid to AECom Technical Services for assisting with zoning revisions on Local Law F.The Town Board hereby resolves, pursuant to authority in Town Law, section 112, to amend the Town’s 2018 budget as stated above

Councilperson Leinung seconded the motion. All present and voting, the motion carried (5Ayes)

Possible motion for Executive Session regarding personnel matter and contractdiscussion


Resolved that the Town Board of the Town of New Scotland does hereby approve an ExecutiveSession to discuss a personnel matter and a contractual matter.


Executive Session began at 9:30 PM.

Supervisor LaGrange made a motion to adjourn Executive Session at 10:46 PM, seconded byCouncilperson Leinung.

No action was taken during Executive Session.

AdjournSupervisor LaGrange made a motion to adjourn, seconded by Councilperson Hennessy. Themeeting adjourned at 10:47 PM.

___________________________Diane R. Deschenes, Town Clerk

Documents

1. - Town of New Scotland